Planning and Rights of Way Panel
The Planning Panel is made up of elected members of the council who have delegated powers to make decisions regarding planning permission. They meet periodically to consider planning applications which are large or complex, controversial or have many objectors. Next meeting will be 25th of November 2008
Contact Details:
Telephone: 023 8083 2603
Email: planning@southampton.gov.uk
Details of service:
The Planning Panel is made up of elected members of the council who have delegated powers to make decisions regarding planning permission. They meet periodically to consider planning applications which are large or complex, controversial or have many objectors.
Members of the public are invited to attend meetings of the Planning and the Rights of Way Panel but should be aware of the protocol for dealing with planning matters.
This Protocol requires the Panel, in dealing with matters within its terms of reference -
1. To apply best practice based on existing law and the provisions of the Human Rights Act 1998, and on the principles of natural justice, in particular providing that: -
attendees of the Panel may address the Panel at the discretion of the Chair
no Member serving on the Panel will hear any matter in which s/he or the public may perceive has an interest
all relevant planning and/or highways matters will be taken into account
all irrelevant matters will be ignored
Members serving on the Panel will come to reasonable decisions based upon material consideration presented in accordance with the statutory powers and the law
2. To comply with the requirements of the Council`s Procedure Rules, with particular reference to Rule 26.2 and the attached `Special Procedures` drawn up under the provisions of that Rule. These Special Procedures shall be deemed to include "Codes of Practice for Development Control Matters" drawn up and revised from time to time.
3. To have regard to the following: -
the maintenance of standards
the protection of the public interest
the rights of all interested parties
4. This Protocol and Special Procedure was approved by the Head of Legal Services on 26th October 2001.
This Protocol also requires that Members serving on the Panel shall, save in exceptional circumstances, have received training in the work and "Special Procedures" of the Panel.
SPECIAL PROCEDURES FOR THE PLANNING AND RIGHTS OF WAY PANEL
1. The requirements for motions and rules of debate shall not apply in respect of matters that have to be determined by a process that is akin to being quasi-judicial, save where the Head of Legal Services advises to the contrary.
(Council Procedure Rules 13 and 14 are disapplied as appropriate)
NOTES
The attached order and manner of dealing with individual items of business of the Panel forms part of this Special Procedure.
In pursuance of Council Procedure Rule 26.2, the Chair may waive or vary a Special Procedure in exceptional circumstances where to do so would be in the interests of fairness or natural justice.
Any questions of interpretation of these Special Procedures shall be determined by the Head of Legal Services or his representative at the meeting.
PLANNING AND RIGHTS OF WAY PANEL
PROCEDURE FOR CONSIDERATION OF PLANNING APPLICATIONS
Chair introduces consideration of individual planning application and invites interested parties to come forward to the table.
Planning Officer summarises report.
Members of the public can only address the Panel at the invitation of the Chair. Representations by members of the public including appellants should not exceed the time limits agreed by the panel. In the case of a major application, these are 15 minutes in total for all objectors collectively and 15 minutes for the Applicant or their Agent. In the case of a minor other application, these are 5 minutes in total for all objectors collectively and 5 minutes for applicants or their agents. You should ask the clerk if other objectors have arrived so that you can arrange for a spokesperson to speak, or allocate the time available equally between speakers.
The Chair is unlikely to accept representations which repeat points that have already been made.
Chair invites planning/highways officers to respond to comments made.
Chair invites Members of the Panel to give their individual comments. (Members may request clarification on particular aspects of the application from planning officers or others that are present.)
The Panel will formally reach a decision by voting.
The Chair will clarify the decision to those present
Planning and Rights of Way Panel
MAKING YOUR REPRESENTATION
VALID OBJECTIONS
The City Council is obliged under statute to consider the merits of the application and weigh these against any legitimate objections. The Government is firm that planning permission should be granted unless there are clear planning reasons for not doing so. The presumption is in favour of development.
Planning permission will not be refused simply because objections have been made. Objections need to be a 'planning consideration'. The view of local residents and other committees (such as Hampshire County Council, English Heritage, English Nature, the Water Authority etc) will only be taken into account if they are relevant planning considerations.
Planning Considerations include:
Substantial damage to the amenities of residents caused by noise, disturbance, smell or loss of light
The visual impact of a development - what it will be like to look at, not the loss of a view.
Highway safety including the need for parking.
The approved policies of the City Plan City, the South Hampshire Structure Plan and the Council Development Control Briefs.
Government advice as set out in a wide range of Department of the Environment Circulars and Planning Policy Guidance notes.
The existing use of the site, or any previous planning permission already granted for the site - for example, it would be wrong to refuse permission for the principle of a block of 20 flats if previous permission existed for 25 flats.
Design, materials, amenity space of the scheme etc although the degree of control in these areas is restricted.
INVALID OBJECTIONS
People often raise objections on non-planning grounds. These cannot be taken into account.
The following are not planning considerations:
Loss in the value of your house or property as a result of the development.
The developer not having other forms of consent, such as a licence for dancing and entertainment, which is dealt with by another committee or agency outside the City Council.
Disturbances during construction work, (however this may be relevant in large scale developments close to houses).
An opinion that there is no need for the development e.g. having enough hot food take-always in the area already.
Restrictive covenants, for example restricting the business use of premises, which is a private matter for the landowner.
Boundary disputes - which are also for the owner to resolve.
In cases of racially motivated objections, the Council is bound by the Race Relations Act and its own policies to eliminate racial discrimination and racial objections will not be taken into account. This will not prejudice the duty to take into account race issues where they are lawful material considerations.
Permission can be granted or refused retrospectively. The fact that a development has already taken place is not in itself a reason to grant or refuse permission.
CONDITIONS OF APPLICATIONS
You may agree with the application, but disagree with just some of its aspects. In this case you can ask for conditions to be attached to the approval for planning permission. Conditions can be attached in some circumstances to such things as
Hours of operation on hot-food take-aways.
Obscure glazed windows to overcome privacy problems.
The precise use of a building.
Boundary treatment.
Objecting to planning applications and asking for conditions to be added are known as making a representation.
SOUTHAMPTON CITY COUNCIL
WELCOME TO TODAY`S MEETING OF THE PLANNING AND RIGHTS OF WAY PANEL
An Agenda setting out the business of the meeting and copies of reports can be obtained from the Committee Administrator at the Reception Desk. The reports will generally contain details of the individual planning application concerned, a summary of objections and comments made during the consultation process, and the responses of Planning Officers to the points raised. The reports also contain the recommendations of Planning Officers, including any conditions that should apply to planning consent or reasons for refusal.
Decisions about planning applications are made by the Councillors who are members of the Planning and Rights of Way Panel. Members of the Panel may agree or disagree with the officer recommendations. They may also decide to change, add or delete conditions.
PROCEDURE FOR MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE PANEL
Once you have registered your interest at the reception desk, please wait in the seats provided until the Chair announces the planning application you are interested in. Items are dealt with after the time specified in the invitation letter, and generally in the order that they appear on the Agenda. Applications are prioritised and dealt with as soon as possible if members of the public are attending the meeting.
Members of the public can only address the Panel at the invitation of the Chair. The Chair will introduce each item, inviting interested parties to the Panel table. A Planning Officer will summarise the report and the Chair may then invite you to speak.
Where several people have a similar interest in the application, the Chair may suggest that a spokesperson is nominated to speak on behalf of others that are present. Speakers will generally be allowed no more than five minutes to address the Panel. The Panel can only take account of matters that are relevant to planning considerations. You will find guidance notes enclosed to assist you in making your representation to the Panel.
When members of the public have finished speaking, the Chair will ask Planning and/or Highways Officer to respond to the comments made. The Chair will then invite Members of the Panel to give their individual comments. Members may request clarification on particular aspects of the application from planning officers or others that are present. The Panel will conclude their deliberations with a vote, and the Chair may wish to clarify the decision to those present. You should then move away from the Panel table as quickly as possible so that the Panel can consider the next application.
AFTER THE MEETING
The aim is to give everybody a fair hearing. Due to the nature of the process, either applicants or objectors may go away disappointed with the decision. It is not possible for detailed advice or information to be given to members of the public immediately after an application has been heard. The Panel needs to deal with a substantial number of applications and priority must be given to conducting the business of the meeting, especially when other members of the public are waiting or due to arrive. You can contact Planning Officers on the day after the meeting and they will be pleased to provide you with further information or help to explain any aspect of the decision that you are not sure about. Decision letters are sent to applicants within a few days of the meeting.
Planning and Rights of Way Panel
INFORMATION FOR SPEAKERS
Members of the public may only speak at the invitation of the Chair.
When speaking, always address your comments and questions to the Chair - not to planning officers, applicants, or other people at the meeting.
You will normally be allowed no more than 5 minutes to speak.
Prepare what you want to say beforehand. Make your points as clearly and concisely as possible to ensure that you cover all the points you wish to make in the time you have available.
People with similar interests may want to organise themselves in a group and select a spokesperson. This will help to avoid repetition and co-ordinate the points that individuals want to address.
If you are representing an organisation or other people who are not present, you should provide evidence that you are speaking on their behalf.
Members of the Panel will listen carefully to what you have to say. They may ask for points to be clarified after you have spoken, although generally Members will wait to raise questions until all members of the public have finished their submissions.
Members of the public can speak only at the Chair`s discretion. The Chair may intervene or refuse to allow members of the public to speak if she/he considers that:-
Speakers have exceeded the time generally allowed.
The points being made have been adequately covered by earlier speakers.
The points being made are not relevant to any planning considerations.
Speakers are abusing or harassing other people at the meeting.
Last updated: 31 October 2008
